Terms and Conditions of Sale (TCS)

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers or the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://www.mathisleroux.com. The Products offered for sale on the website are as follows:
Original wooden works of art, limited edition handmade portraits.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.mathisleroux.com, which the customer is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the website https://www.mathisleroux.com and shall prevail over any other document.

The Customer declares that they have read and accepted these Terms and Conditions by checking the box provided for this purpose when confirming the online order form on the website https://www.mathisleroux.com, prior to any invoicing or payment. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Mathis Leroux
84 rue Charentais Truyes
Siret: 99276806900013
Email: contact@mathisleroux.com
Phone: 06 47 73 09 27

Intra-Community VAT number: FR 20992768069

The Products presented on the website https://www.mathisleroux.com are offered for sale in the following territories: all countries upon request.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.

ARTICLE 2 – PRICE

The Products are supplied at the prices listed on the website https://www.mathisleroux.com at the time the order is registered by the Seller.
Prices are quoted in Euros, excluding VAT and including VAT.
The prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced as extras, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS

The Customer may purchase directly through the website any artwork indicated as available for immediate sale.
For artworks produced in limited editions, only the first available edition may be purchased directly through the website and paid for online.
Once the first edition has been sold, any subsequent edition shall be produced only upon request. The Customer must contact the Seller through the contact form available on the website, by email, or through the Seller’s official social media accounts.
Following the request, the Seller will provide a quotation specifying the characteristics of the artwork, the edition number, the price, delivery costs, and the estimated production and delivery time.

The order shall become final only after:

acceptance of the quotation by the Customer;
full payment of the amount indicated on the quotation.

The Seller reserves the right to refuse any request, particularly where the requested edition is no longer available, where production is technically impossible, or where a dispute exists with the Customer.
Product offers remain valid while displayed on the website and subject to availability.

ARTICLE 4 – PAYMENT TERMS

For artworks available for immediate purchase on the website, payment is due in full at the time the order is placed through the secure payment system available on the website.
For artworks produced upon request, payment is due in full upon acceptance of the quotation and before the start of production.
No production work shall begin until full payment has been received by the Seller.
Payments may be made by credit card through the secure payment platform available on the website, by secure payment link, or by bank transfer.
The Seller shall retain full ownership of the artwork until receipt of complete payment of the price and any related costs.

ARTICLE 5 – DELIVERIES

Les Produits commandés par le Client seront livrés en France métropolitaine ou dans d’autres pays sur demande. Les livraisons interviennent dans un délai estimatif de 15 jours ouvrés pour la France métropolitaine à compter de la validation de la commande et de la réception du paiement. Pour les livraisons internationales, le délai de livraison est estimé entre 15 et 25 jours ouvrés, selon la destination et les conditions de transport. La livraison est constituée par le transfert au Client de la possession physique ou du contrôle du Produit. Sauf cas particulier ou indisponibilité d’un ou plusieurs Produits, les Produits commandés seront livrés en une seule fois. Le Vendeur s’engage à faire ses meilleurs efforts pour livrer les Produits commandés par le Client dans les délais ci-dessus précisés. Si les Produits commandés n’ont pas été livrés dans un délai de 10 (dix) jours après la date indicative de livraison, pour toute autre cause que la force majeure ou le fait du Client, la vente pourra être résolue à la demande écrite du Client dans les conditions prévues aux articles L216-2, L216-3 et L241-4 du Code de la consommation. Les sommes versées par le Client lui seront alors restituées au plus tard dans les quatorze (14) jours qui suivent la date de dénonciation du contrat, à l’exclusion de toute indemnisation ou retenue.

Deliveries are made by an independent carrier to the address specified by the Customer when placing the order and to which the carrier has easy access.
When the Customer has taken it upon themselves to use a carrier of their choice, delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and that they have no recourse against the Seller in the event of non-delivery of the goods transported.
In the event of a specific request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 14 (fourteen) days from delivery to make any complaints by email, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been complied with, the Products shall be deemed to be in conformity and free from any apparent defects, and no complaint shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of risks of loss and damage relating to the Products shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

For artworks available for immediate purchase on the website and sold to consumers residing within the European Union, the Customer benefits from the legal right of withdrawal provided by Articles L221-18 et seq. of the French Consumer Code.
The Customer has a period of fourteen (14) days from receipt of the artwork to exercise this right without having to justify any reason.
The artwork must be returned in its original condition, complete and adequately protected. Return shipping costs remain the responsibility of the Customer.

For artworks produced only after a specific request from the Customer, including limited-edition artworks manufactured after acceptance of a quotation, the right of withdrawal does not apply pursuant to Article L221-28 of the French Consumer Code, as these works are produced on demand and according to the Customer’s request.

Once the quotation has been accepted and payment received, the order becomes final and may not be cancelled by the Customer, except in the cases provided by law.

ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES

The Products supplied by the Seller are covered by :
– the legal warranty of conformity, for Products that are defective, damaged, or do not correspond to the order,
– the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the Products delivered and rendering them unfit for use.

In order to assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs shall be refunded on the basis of the invoiced rate, and return costs shall be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
– in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
– The photographs and graphics presented on the website are not contractual and do not engage the Seller’s responsibility.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.

ARTICLE 9 – INTELLECTUAL PROPERTY

All artworks, creations, sculptures, reliefs, photographs, illustrations, texts, videos, graphic elements, and content appearing on the website remain the exclusive property of Mathis Leroux and are protected by French and international intellectual property laws.

The acquisition of an artwork transfers only the physical ownership of the purchased piece.
No intellectual property rights are transferred to the Customer.

Without prior written authorization from the Artist, the Customer is expressly prohibited from:

reproducing the artwork in any form whatsoever;
creating copies or derivative works;
carrying out any three-dimensional scanning, digital modelling, photogrammetry, or reproduction process;
using the artwork for commercial, advertising, promotional, editorial, audiovisual, or merchandising purposes;
exploiting images of the artwork for commercial gain;
manufacturing, commissioning, or authorizing the manufacture of copies inspired by the artwork.
Any unauthorized use may give rise to legal proceedings and claims for damages.

The Artist retains all economic and moral rights attached to the artwork, including the rights of reproduction, representation, adaptation, and integrity of the work.

ARTICLE 10 – PERSONAL DATA

The Seller collects and stores personal data necessary for managing orders, payments, and deliveries. This information may be communicated to the carrier responsible for delivery.
In accordance with the General Data Protection Regulation (GDPR) and the amended French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, oppose, erase, and transfer their data. They may exercise this right at any time by sending an email to the address provided by the Seller or by sending a request by post.
Personal data is kept for a maximum period of 3 years from the last contact with the customer or the last purchase, and is then deleted, unless it needs to be kept for legal or accounting purposes.

ARTICLE 11 – FORCE MAJEURE

The Seller shall not be held liable for any breach of its contractual obligations resulting from a case of force majeure as defined by Article 1218 of the Civil Code and French case law.
Force majeure events include, but are not limited to: natural disasters, fires, floods, total or partial strikes, transport disruptions, wars, requisitions, epidemics/pandemics, government decisions, or any other event beyond the Seller’s control.
In the event of such an event, the Seller shall inform the Customer as soon as possible; the order may be suspended or canceled without compensation.

ARTICLE 12 – MEDIATION AND DISPUTE RESOLUTION

Before taking any legal action, the Customer is invited to contact the Seller in order to seek an amicable solution. If no amicable agreement can be reached within a reasonable period of time, the Customer may refer the matter to the competent consumer mediator free of charge.
The mediator may be, for example, the Mediation and Amicable Settlement Center, or any other approved mediator. The exact contact details of the chosen mediator will be provided on request to the Seller’s address.
In the absence of an amicable agreement, any dispute relating to the interpretation, execution, or validity of these GTC shall be subject to the exclusive jurisdiction of the competent French courts.

ARTICLE 13 – APPLICABLE LAW

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. In the event of translation, only the French version shall be deemed authentic.

ARTICLE 14 – CUSTOMER ACCEPTANCE

By placing an order on the website https://www.mathisleroux.com, the Customer fully and unreservedly agrees to and accepts these General Terms and Conditions of Sale. The Customer acknowledges having read and accepted these GTCS before placing their order.

ARTICLE 15 – LIMITED EDITIONS

Each artwork offered by Mathis Leroux is an original artistic creation produced in a strictly limited edition.
Unless otherwise stated, each creation may be produced in a maximum of eight (8) copies.
The first edition may be offered for direct sale through the website.
Subsequent editions are produced only upon request, subject to availability and acceptance by the Seller.
The Seller reserves the right, at any time and without justification, to discontinue production of a work before the maximum number of editions has been reached.
No Customer acquires any right to demand the production of an edition that has not yet been created.
The numbering of editions is determined solely by the Seller and is indicated, where applicable, on the certificate of authenticity accompanying the artwork.

ARTICLE 16 – CANCELLATION OF CUSTOM ORDERS

Any order placed following acceptance of a quotation and payment by the Customer is firm and final.
As artworks are produced exclusively on demand and specifically for the Customer, no cancellation, withdrawal, modification, refund, or exchange may be requested once production has begun, except where mandatory legal provisions provide otherwise.
In the event that the Customer refuses delivery of a custom-produced artwork or fails to collect it, no refund shall be due and the Seller shall retain all sums paid as compensation for the work performed and materials used.

ARTICLE 17 – ARTISTIC CHARACTER OF THE WORKS

The Customer acknowledges that the Products sold are artistic creations.
The photographs displayed on the website are intended solely to provide an overall representation of the artwork.
Minor variations in colour, texture, grain, finish, dimensions, materials, lighting effects, relief details, or visual appearance may exist between the photographs and the delivered artwork.
These variations are inherent to the artistic and handcrafted nature of the works and shall not constitute a defect, non-conformity, or valid ground for cancellation, refund, or replacement.

ARTICLE 18 – CERTIFICATE OF AUTHENTICITY

Each artwork may be accompanied by a certificate of authenticity issued by the Artist.
The loss, destruction, or deterioration of the certificate after delivery shall not give rise to the issuance of a duplicate unless the Seller expressly agrees otherwise.
The Seller reserves the right to charge administrative fees for the issuance of any replacement certificate.